Special Local Regulations for Marine Events, Atlantic Ocean; Ocean City, NJ, 48975-48978 [2014-19570]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on July 30,
2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–19152 Filed 8–18–14; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Parts 240, 241, and 250
[Release No. 34–72472; File No. S7–02–13]
RIN 3235–AL25
Application of ‘‘Security-Based Swap
Dealer’’ and ‘‘Major Security-Based
Swap Participant’’ Definitions to
Cross-Border Security-Based Swap
Activities; Republication
Correction
In rule document R1–2014–15337
beginning on page 47278 in the issue of
Tuesday, August 12, 2014, make the
following correction:
On page 47278, in the first column, in
the eleventh through seventeenth lines,
and on page 47372, in the third column,
in the eighth through fourteenth lines,
the editorial notes should read as
follows:
Editorial Note: Rule document 2014–
15337 was originally published on pages
39067 through 39162 in the issue of
Wednesday, July 9, 2014. In that publication
the footnotes contained erroneous entries.
The corrected document is republished in its
entirety.
[FR Doc. C1–2014–15337 Filed 8–18–14; 8:45 am]
BILLING CODE 1505–01–D
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0705]
wreier-aviles on DSK5TPTVN1PROD with RULES
RIN 1625–AA08
Special Local Regulations for Marine
Events, Atlantic Ocean; Ocean City, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
SUMMARY:
VerDate Mar<15>2010
14:25 Aug 18, 2014
date of the special local regulation for
the recurring air show event known as
the Ocean City Air Show, held over the
waters of the Atlantic Ocean, adjacent to
Ocean City, New Jersey. The change of
enforcement date for the special local
regulation is necessary to provide for
the safety of life on navigable waters
during the event. This action will
restrict vessel traffic in the waters of the
Atlantic Ocean adjacent to Ocean City,
New Jersey, during the event.
DATES: This rule is effective August 19,
2014 until 2:30 p.m. on September 14,
2014, and will be enforced from 11:00
a.m. to 2:30 p.m. on September 14,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0705]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Lieutenant Brennan
Dougherty, U.S. Coast Guard, Sector
Delaware Bay, Chief Waterways
Management Division, Coast Guard;
telephone (215) 271–4851, email
Brennan.P.Dougherty@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Jkt 232001
A. Regulatory History and Information
The regulation for this marine event
may be found at 33 CFR 100.501, Table
to § 100.501, section (a), line ‘‘13’’.
The Coast Guard is issuing this final
rule pursuant to authority under section
4(a) of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b) and (d)(3)),
which authorizes an agency to issue a
rule without prior notice and
opportunity to comment, and to take
effect in less than 30 days, when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
48975
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to minimize
potential danger to the public during the
event. The potential dangers posed by
air shows make this change to the
special local regulation necessary to
provide for the safety of participants,
spectator craft, and other vessels
transiting the event area. For the safety
concerns noted, it is in the public
interest to have this regulation in effect
during the event. The Coast Guard will
issue broadcast notice to mariners to
advise vessel operators of navigational
restrictions. On scene Coast Guard and
local law enforcement vessels will also
provide actual notice to mariners. For
the same reasons, the Coast Guard finds
that good cause exists for making this
rule effective less than 30 days after
publication in the Federal Register.
Delaying the effective date would be
contrary to the public interest, because
immediate action is needed to ensure
the safety of the event. However,
notifications will be made to users of
the affected area near Ocean City, NJ,
via marine information broadcasts and a
local notice to mariners.
B. Basis and Purpose
The legal basis and authorities for this
rulemaking establishing a special local
regulation are found in 33 U.S.C. 1233,
which authorize the Coast Guard to
establish and define special local
regulations. The Captain of the Port
Delaware Bay is establishing a special
local regulation for the waters of the
Atlantic Ocean, near Ocean City, NJ, to
protect event participants, spectators
and transiting vessels. Entry into this
area is prohibited unless specifically
authorized by the Captain of the Port
Delaware Bay or designated
representative.
C. Discussion of the Final Rule
The City of Ocean City sponsors an
annual Air Show usually held on the
third Sunday in September over the
waters of the Atlantic Ocean adjacent to
Ocean City, New Jersey.
The regulation listing annual marine
events within the Fifth Coast Guard
District and special local regulation
locations is 33 CFR 100.501. The Table
to § 100.501 identifies special local
regulations by COTP zone, with the
COTP Delaware Bay zone listed in
section ‘‘(a.)’’ of the Table. The Table to
§ 100.501, at section (a.) event Number
‘‘13’’, describes the enforcement date
and regulated location for this marine
event.
E:\FR\FM\19AUR1.SGM
19AUR1
wreier-aviles on DSK5TPTVN1PROD with RULES
48976
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
The date listed in the Table has the
marine event on the third Sunday of
September. However, this temporary
rule changes the marine event date to
September 14, 2014, to reflect the actual
date of the event.
A fleet of spectator vessels is
anticipated to gather nearby to view the
marine event. Due to the need for vessel
control during the marine event vessel
traffic will be temporarily restricted to
provide for the safety of participants,
spectators and transiting vessels. Under
provisions of 33 CFR 100.501, during
the enforcement period, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
The Coast Guard will temporarily
suspend the regulation listed in Table to
§ 100.501, section (a) event Number
‘‘13’’, and insert this temporary
regulation at Table to § 100.501, at
section (a.) as event Number ‘‘16’’, in
order to reflect that the safety zone will
be effective and enforced from 12:00
p.m. until 3:30 p.m. on September 14,
2014. This change is needed to
accommodate the sponsor’s event plan.
No other portion of the Table to
§ 100.501 or other provisions in
§ 100.501 shall be affected by this
regulation.
The regulated area of this special local
regulation includes All waters of the
New Jersey Intracoastal Waterway (ICW)
bounded by a line connecting the
following points; latitude 39°15′57″ N,
longitude 074°35′09″ W thence
northeast to latitude 39°16″34″ N,
longitude 074°33′54″ W thence
southeast to latitude 39°16′17″ N,
longitude 074°33′29″ W thence
southwest to latitude 39°15′40″ N,
longitude 074°34′46″ W thence
northwest to point of origin, near Ocean
City, NJ.
During the period of the safety zone,
all persons and vessels will be
prohibited from entering, transiting,
mooring, or remaining within the zone,
unless specifically authorized by the
Captain of the Port Delaware Bay, or her
designated representative. Those
persons authorized to transit through
the safety zone shall abide by and
follow all directions provided by the
Captain of the Port Delaware Bay, or her
designated representative, in order to
ensure they are not disrupting this
marine event. U.S. Coast Guard Sector
Delaware Bay will notify the public by
broadcast notice to mariners at least one
hour prior to the times of enforcement.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
VerDate Mar<15>2010
14:25 Aug 18, 2014
Jkt 232001
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation will
restrict access to the regulated area, the
effect of this rule will not be significant
because: (i) The Coast Guard will make
extensive notification of the Safety Zone
to the maritime public via maritime
advisories so mariners can alter their
plans accordingly; (ii) vessels may still
be permitted to transit through the
safety zone with the permission of the
Captain of the Port on a case-by-case
basis; and (iii) this rule will be enforced
for only the duration of the air show.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to anchor or transit
along a portion of the Atlantic Ocean
adjacent to Ocean City, New Jersey from
12:00 p.m. to 3:30 p.m. on September
14, 2014, unless cancelled earlier by the
Captain of the Port once all operations
are completed.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reason: Vessel traffic will
be allowed to pass through the zone
with permission of the Coast Guard
Captain of the Port Delaware Bay or her
designated representative and zone is
limited in size and duration. Sector
Delaware Bay will issue maritime
advisories widely available to users of
the Delaware Bay and River.
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
E:\FR\FM\19AUR1.SGM
19AUR1
48977
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
12. Energy Effects
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR Part 100, applicable to special local
regulations on the navigable waterways.
This zone will temporarily restrict
vessel traffic from transiting the waters
of the Atlantic Ocean adjacent to Ocean
City, NJ, in order to protect the safety of
life and property on the waters for the
duration of the air show. This rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
is revised to read as follows:
■
Authority: 33 U.S.C. 1233.
2. In § 100.501, in the Table to
§ 100.501, suspend lines No. (a.)13 and
add temporary line No. (a.)16 to read as
follows:
■
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
*
*
*
*
*
TABLE TO § 100.501
[All coordinates listed in the Table to § 100.501 reference Datum NAD 1983]
No.
Date
*
Event
*
Sponsor
*
Location
*
*
*
*
(a.) Coast Guard Sector Delaware Bay—COTP Zone
16 ...
September 14, 2014
wreier-aviles on DSK5TPTVN1PROD with RULES
*
VerDate Mar<15>2010
Ocean City Air Show
*
14:25 Aug 18, 2014
Ocean City, NJ .........
*
Jkt 232001
PO 00000
All waters of the New Jersey Intracoastal Waterway (ICW)
bounded by a line connecting the following points; Latitude
39°15′57″ N, longitude 074°35′09″ W thence northeast to latitude 39°16′34″ N, longitude 074°33′54″ W thence southeast to
latitude 39°16′17″ N, longitude 074°33′29″ W thence southwest to latitude 39°15′40″ N, longitude 074°34′46″ W thence
northwest to point of origin, near Ocean City, NJ.
*
Frm 00037
Fmt 4700
*
Sfmt 4700
E:\FR\FM\19AUR1.SGM
*
19AUR1
*
48978
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
Manager, Docket Operations, at (202)
366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
[FR Doc. 2014–19570 Filed 8–18–14; 8:45 am]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0721]
RIN 1625–AA00
Safety Zone; TAKE MARU 55 Vessel
Salvage; Cocos Island, Merizo, Guam
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone in support of
vessel salvage operations for the
grounded commercial fishing vessel,
TAKE MARU 55, in the waters west of
Cocos Island. This safety zone will
encompass a 400 yard area centered
around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7
seconds North Latitude, 144 degrees 38
minutes 27 seconds East Longitude, the
waters west of Cocos Island (North
American Datum (NAD) 1983).
DATES: This rule is effective without
actual notice from August 19, 2014 until
October 30, 2014. For the purposes of
enforcement, actual notice will be used
from August 2, 2014, until August 19,
2014.
SUMMARY:
Documents indicated in this
preamble are part of docket USCG–
2014–0721. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’
Click on Open Docket Folder on the
line associated with this rulemaking.
You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.
(EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Chief Kristina Gauthier, U.S.
Coast Guard Sector Guam at (671) 355–
4866. If you have any questions on
viewing or submitting material to the
docket, call Cheryl Collins Program
wreier-aviles on DSK5TPTVN1PROD with RULES
ADDRESSES:
VerDate Mar<15>2010
14:25 Aug 18, 2014
Jkt 232001
A. Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard received notice of the vessel
grounding on July 30, 2014. Due to the
emergent nature of this incident, the
Coast Guard did not have time to issue
a notice of proposed rulemaking.
Under 5 U.S.C. 553(d)(3), for the same
reason mentioned above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the late notice and
inherent danger in the salvage of a
grounded vessel, delaying the effective
period of this safety zone would be
contrary to the public interest.
B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 33
CFR 1.05–1, 6.04–6, 160.5; and
Department of Homeland Security
Delegation No. 0170.1.
A safety zone is a water area, shore
area, or water and shore area, for which
access is limited to authorized person,
vehicles, or vessels for safety purposes.
The purpose of this rulemaking is to
protect mariners from the potential
hazards associated with salvage
operations. Approaching too close to
such operations could potentially
expose the mariner to hazardous
conditions.
C. Discussion of Rule
In order to protect the public from the
hazards associated with the grounded
vessel and subsequent salvage
operations, the Coast Guard is
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
establishing a temporary safety zone,
effective August 2, 2014 to October 30,
2014. The enforcement period for this
rule is from August 2, 2014 to October
30, 2014.
The safety zone is located within the
Guam COTP Zone (See 33 CFR 3.70–15),
and will cover all waters bounded by a
circle with a 400-yard radius centered
around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7
seconds North Latitude, 144 degrees 38
minutes 27 seconds East Longitude,
from the surface of the water to the
ocean floor.
The general regulations governing
safety zones contained in 33 CFR 165.23
apply. Entry into, transit through or
anchoring within this zone is prohibited
unless authorized by the COTP or a
designated representative thereof. Any
Coast Guard commissioned, warrant, or
petty officer, and any other COTP
representative permitted by law, may
enforce the zone. The COTP may waive
any of the requirements of this rule for
any person, vessel, or class of vessel
upon finding that application of the
safety zone is unnecessary or
impractical for the purpose of maritime
safety. Vessels or persons violating this
rule may be subject to the penalties set
forth in 33 U.S.C. 1232 and/or 50 U.S.C.
192.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The Coast Guard expects the
economic impact of this rule to be
extremely minimal based on the limited
geographic area affected by it.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
E:\FR\FM\19AUR1.SGM
19AUR1
]]>Agencies
[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48975-48978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19570]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0705]
RIN 1625-AA08
Special Local Regulations for Marine Events, Atlantic Ocean;
Ocean City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the enforcement date
of the special local regulation for the recurring air show event known
as the Ocean City Air Show, held over the waters of the Atlantic Ocean,
adjacent to Ocean City, New Jersey. The change of enforcement date for
the special local regulation is necessary to provide for the safety of
life on navigable waters during the event. This action will restrict
vessel traffic in the waters of the Atlantic Ocean adjacent to Ocean
City, New Jersey, during the event.
DATES: This rule is effective August 19, 2014 until 2:30 p.m. on
September 14, 2014, and will be enforced from 11:00 a.m. to 2:30 p.m.
on September 14, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0705]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Brennan Dougherty, U.S. Coast
Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast
Guard; telephone (215) 271-4851, email Brennan.P.Dougherty@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The regulation for this marine event may be found at 33 CFR
100.501, Table to Sec. 100.501, section (a), line ``13''.
The Coast Guard is issuing this final rule pursuant to authority
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b) and (d)(3)), which authorizes an agency to issue a rule without
prior notice and opportunity to comment, and to take effect in less
than 30 days, when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' The Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because immediate action is needed to minimize potential danger to
the public during the event. The potential dangers posed by air shows
make this change to the special local regulation necessary to provide
for the safety of participants, spectator craft, and other vessels
transiting the event area. For the safety concerns noted, it is in the
public interest to have this regulation in effect during the event. The
Coast Guard will issue broadcast notice to mariners to advise vessel
operators of navigational restrictions. On scene Coast Guard and local
law enforcement vessels will also provide actual notice to mariners.
For the same reasons, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. Delaying the effective date would be contrary to the
public interest, because immediate action is needed to ensure the
safety of the event. However, notifications will be made to users of
the affected area near Ocean City, NJ, via marine information
broadcasts and a local notice to mariners.
B. Basis and Purpose
The legal basis and authorities for this rulemaking establishing a
special local regulation are found in 33 U.S.C. 1233, which authorize
the Coast Guard to establish and define special local regulations. The
Captain of the Port Delaware Bay is establishing a special local
regulation for the waters of the Atlantic Ocean, near Ocean City, NJ,
to protect event participants, spectators and transiting vessels. Entry
into this area is prohibited unless specifically authorized by the
Captain of the Port Delaware Bay or designated representative.
C. Discussion of the Final Rule
The City of Ocean City sponsors an annual Air Show usually held on
the third Sunday in September over the waters of the Atlantic Ocean
adjacent to Ocean City, New Jersey.
The regulation listing annual marine events within the Fifth Coast
Guard District and special local regulation locations is 33 CFR
100.501. The Table to Sec. 100.501 identifies special local
regulations by COTP zone, with the COTP Delaware Bay zone listed in
section ``(a.)'' of the Table. The Table to Sec. 100.501, at section
(a.) event Number ``13'', describes the enforcement date and regulated
location for this marine event.
[[Page 48976]]
The date listed in the Table has the marine event on the third
Sunday of September. However, this temporary rule changes the marine
event date to September 14, 2014, to reflect the actual date of the
event.
A fleet of spectator vessels is anticipated to gather nearby to
view the marine event. Due to the need for vessel control during the
marine event vessel traffic will be temporarily restricted to provide
for the safety of participants, spectators and transiting vessels.
Under provisions of 33 CFR 100.501, during the enforcement period,
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander.
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 100.501, section (a) event Number ``13'', and insert
this temporary regulation at Table to Sec. 100.501, at section (a.) as
event Number ``16'', in order to reflect that the safety zone will be
effective and enforced from 12:00 p.m. until 3:30 p.m. on September 14,
2014. This change is needed to accommodate the sponsor's event plan. No
other portion of the Table to Sec. 100.501 or other provisions in
Sec. 100.501 shall be affected by this regulation.
The regulated area of this special local regulation includes All
waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line
connecting the following points; latitude 39[deg]15'57'' N, longitude
074[deg]35'09'' W thence northeast to latitude 39[deg]16''34'' N,
longitude 074[deg]33'54'' W thence southeast to latitude 39[deg]16'17''
N, longitude 074[deg]33'29'' W thence southwest to latitude
39[deg]15'40'' N, longitude 074[deg]34'46'' W thence northwest to point
of origin, near Ocean City, NJ.
During the period of the safety zone, all persons and vessels will
be prohibited from entering, transiting, mooring, or remaining within
the zone, unless specifically authorized by the Captain of the Port
Delaware Bay, or her designated representative. Those persons
authorized to transit through the safety zone shall abide by and follow
all directions provided by the Captain of the Port Delaware Bay, or her
designated representative, in order to ensure they are not disrupting
this marine event. U.S. Coast Guard Sector Delaware Bay will notify the
public by broadcast notice to mariners at least one hour prior to the
times of enforcement.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels may still be permitted to transit through the safety zone with
the permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced for only the duration of the air show.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to anchor or transit along a portion of the Atlantic Ocean
adjacent to Ocean City, New Jersey from 12:00 p.m. to 3:30 p.m. on
September 14, 2014, unless cancelled earlier by the Captain of the Port
once all operations are completed.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: Vessel
traffic will be allowed to pass through the zone with permission of the
Coast Guard Captain of the Port Delaware Bay or her designated
representative and zone is limited in size and duration. Sector
Delaware Bay will issue maritime advisories widely available to users
of the Delaware Bay and River.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a
[[Page 48977]]
State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 (adjusted for inflation) or more in any one
year. Though this rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 100, applicable to special local regulations on the navigable
waterways. This zone will temporarily restrict vessel traffic from
transiting the waters of the Atlantic Ocean adjacent to Ocean City, NJ,
in order to protect the safety of life and property on the waters for
the duration of the air show. This rule is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 is revised to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In Sec. 100.501, in the Table to Sec. 100.501, suspend lines No.
(a.)13 and add temporary line No. (a.)16 to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
Table to Sec. 100.501
[All coordinates listed in the Table to Sec. 100.501 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
16........ September 14, 2014.. Ocean City Air Show. Ocean City, NJ...... All waters of the New Jersey
Intracoastal Waterway (ICW)
bounded by a line connecting the
following points; Latitude
39[deg]15'57'' N, longitude
074[deg]35'09'' W thence
northeast to latitude
39[deg]16'34'' N, longitude
074[deg]33'54'' W thence
southeast to latitude
39[deg]16'17'' N, longitude
074[deg]33'29'' W thence
southwest to latitude
39[deg]15'40'' N, longitude
074[deg]34'46'' W thence
northwest to point of origin,
near Ocean City, NJ.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 48978]]
Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-19570 Filed 8-18-14; 8:45 am]
BILLING CODE 9110-04-P
